Owner, Son and Worker all ran a plant nursery. One day, Worker was drafted to fi

Question

Owner, Son and Worker all ran a plant nursery. One day, Worker was drafted to fight in the Vietnam War. When he returned to the nursery 2 years later, he discovered that Owner had passed away and Son was now the owner. Son welcomed Worker back and said he would like to "take him in." They agreed that Son will run the business end and Worker will run the nursery itself - profits will be split monthly. There was no written Partnership Agreement. A few years later, Son and Worker engaged in a series of fierce arguments that ended in Son firing Worker. Worker claimed to be a Partner and not an employee - so Son could not fire him. They go to court. Is this a Partnership or an employer-employee relationship?

Explanation / Answer

This is not an example of partnership because there is clearly mentioned this is not a written partnership agreement. Both have verbally decided that they can split the profit on monthly basis. So this will shows that there is an employer-employee relationship because the worker has no written proof for showing he is the partner with the owner. If both of them goes to court then the owner will wins this case because the worker have no written proof.

And in employer – employee relation the employers cannot fire to a worker on immediate effects. Employer has given the prior notice to the worker so that he can look for new job. In this case the workers can goes to court for complaining against the owner.

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